Loading...
(a) A CFRA Certificate of Compliance is required for developments with less than one acre of land disturbance to ensure compliance with the provisions of this division. A development with areas of land disturbance of one acre or more will not require a CFRA Certificate of Compliance, but must comply with the city's Stormwater Criteria Manual. No development shall occur on any land within a CFRA unless a CFRA Certificate of Compliance or a Stormwater Drainage Study has been approved by the city.
(b) No building permit shall be issued for any property that docs not have a CFRA Certificate of Compliance or a Stormwater Drainage Study approved by the city, unless the city has determined that the development is a minor project or grants a variance to the requirements of this division.
(c) Exemptions for minor projects. Minor projects can be permitted without requiring a CFRA Certificate of Compliance per the discretion of the Floodplain Administrator or their designee. The Floodplain Administrator, or their designee, will make the determination, in their sole discretion, as to whether a project will receive an exemption as a minor project.
(Ord. 26962-06-2024, § 2, passed 6-11-2024, eff. 7-15-2024)
(a) The owner or representative of any proposed public or private development shall verify if the proposed development is located inside a CFRA prior to submitting an application to the city for a building permit.
(b) A proposed development in a CFRA with a land disturbance of one acre or more, or that is less than one acre but is part of a Common Plan of development shall comply with the Stormwater Criteria Manual and submit and obtain the city's approval of a Stormwater Drainage Study.
(c) A proposed development in a CFRA with a land disturbance of less than one acre that is not a minor project, and is not part of a Common Plan of Development, shall comply with the following:
(1) A licensed professional engineer registered with the State of Texas must fully complete and place their engineering seal on a CFRA Certificate of Compliance; and
(2) The completed and sealed CFRA Certificate of Compliance must be submitted to the city with the building permit application for review.
(d) Unless a variance has been granted by the city or a development activity has been determined by the Floodplain Administrator, or their designee, to be a minor project, the city will not approve any development activity in a CFRA until either a CFRA Certificate of Compliance or a Stormwater Drainage Study has been reviewed and approved by the city.
(Ord. 26962-06-2024, § 2, passed 6-11-2024, eff. 7-15-2024)
The current edition of the Stormwater Criteria Manual, and all subsequent amendments and revisions thereto are hereby adopted and incorporated herein by reference. All development within a CFRA shall comply with the Stormwater Criteria Manual and the provisions of this division.
(Ord. 26962-06-2024, § 2, passed 6-11-2024, eff. 7-15-2024)
(a) The finished floor elevation of any proposed structure, any addition to an existing structure, or the relocation of an existing structure in a CFRA, must be at or above the DFE, or the structure shall be either wet or dry floodproofed to at or above the DFE.
(b) For all structures mitigated by elevation, a post-construction elevation certificate must be submitted to the city within 60 days of completion of construction in the form required by the Floodplain Administrator. The elevation certificate must be completed by a registered public land surveyor or licensed professional engineer. The elevation certificate must indicate the elevation of the structure in relation to mean sea level of the lowest floor, including a basement, finished garage, and the lowest elevation of machinery or equipment servicing the building.
(c) For all structures mitigated by floodproofing, the floodproofing method must be shown on the construction plans. The structure and attendant utility and sanitary sewer facilities must be floodproofed to at or above the DFE. All wet or dry floodproofing shall be completed in accordance with Federal Emergency Management Agency's floodproofing requirements and guidelines which are hereby adopted and incorporated herein by reference. A person commits an offense if the person fails to establish the finished floor elevation of a structure in a CFRA at or above the DFE, or fails to wet or dry floodproof a structure in a CFRA at or above the DFE, as required by this section.
(d) If a development or proposed development is part of a Common Plan of Development, then the development or proposed development must comply with the Stormwater Criteria Manual.
(Ord. 26962-06-2024, § 2, passed 6-11-2024, eff. 7-15-2024)
The Floodplain Administrator, or their designee, shall deny any application for a building permit located in a CFRA unless it complies with the provisions of this Division 7 or the Stormwater Criteria Manual, as applicable, unless a variance is approved by the city or the development is determined by the Floodplain Administrator to be a minor project. The process for the review, approval and denial of the CFRA Certificate of Compliance and the Stormwater Drainage Study shall be in accordance with this division and the Stormwater Criteria Manual.
(Ord. 26962-06-2024, § 2, passed 6-11-2024, eff. 7-15-2024)
(a) Violations. A person commits an offense by commencing Development within a CFRA without a CFRA Certificate of Compliance or a Stormwater Drainage Study that is approved by the city.
(b) Penalties. A person who commits a violation of any provision of this division shall return the property to its previous condition, or comply with this division.
(c) Enforcement. The Floodplain Administrator, or their designee, or any code compliance officer, shall have the authority to enforce the provisions of this division.
(e) A violation of any provision of this division shall be enforceable in accordance with § 7-351 of the City Code and state law.
(Ord. 26962-06-2024, § 2, passed 6-11-2024, eff. 7-15-2024)
Editor’s note:
Ord. 19998-12-2011, § 1, adopted December 6, 2011, amended the title of Art. IX to read as herein set out. Prior to inclusion of said ordinance, Art. IX was titled, “Registration and Inspection of Multifamily Dwelling Complexes.” See also the Code Comparative Table.
Loading...